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HomeMy WebLinkAbout2015-OR-46 VACATE BLOCK 132ORDINANCE NO. 2015 -OR - ORDINANCE GRANTING PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE WHEREAS, on the day of , 2015, The Board of Trustees of Clark Memorial Hospital filed its Petition to Vacate Public Way in the City of Jeffersonville, which public way is commonly known a portion of Illinois Avenue running North and South in Block 132, more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference, with the Jeffersonville Common council (the "Council"), which petition reads as follows: Here insert PETITION TO VACATE PUBLIC WAYS IN THE CITY OF JEFFERSONVILLE; and WHEREAS, notice of a public hearing on The Board of Trustees of Clark Memorial Hospital's Petition to Vacate the Public Way was published in the Evening News on ,1 day of a� , 2015. (See Publisher's Affidavit attached hereto as Exhibit "B"); and WHEREAS, on the/ day of ai� , 2015, the Council held a public hearing on The Board of Trustees of Clark Memo ' 1 Hospital's Petition and made the following findings: 1. The best use of the public way would be to vacate it. 2. The vacation of the said public way as described herein would not injure the public health, safety, welfare or morals of the community. 3. It would be in the best interest of the City of Jeffersonville to grant The Board of Trustees of Clark Memorial Hospital's Petition to Vacate Public Way. NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions of I.C. 36-7-3-12, that the public way described in Exhibit "A" attached hereto and incorporated herein by reference are hereby vacated and the Clerk is hereby instructed to record a copy of this Ordinance in the office of the Clark County Recorder and deliver a copy of this Ordinance to the Clark County Auditor. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this /7 day of e(,(,ila , 2015. 'A,U isa G' 1, Council President Vicki Conlin City Clerk Presented me as City Clerk to the Mayor of the City of Jeffersonville, Indiana this .m. / it day of J�X�-a'' , 2015 at This Ordinance approved and signed by me this 2015 at 1n. Vicki Conlin City Clerk day Mike Moore Mayor BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF THE BOARD OF TRUSTEES OF CLARK MEMORIAL HOSPITAL'S TO VACATE PUBLIC WAYS IN JF,FFERSONVILLE, INDIANA PETITION TO VACATE PUBLIC WAY Comes now The Board of Trustees of Clark Memorial Hospital, (Petitioner), by and through it's attorney, Rachele L. Cummins and hereby petitions The Council of the City of Jeffersonville, Indiana, as follows: 1. That the Petitioner is the fee simple owner of the real estate in the City of Jeffersonville, Clark County, Indiana. 2. That there exists a portion of Illinois Avenue running North and South in Block 132 of the City of Jeffersonville, Indiana between two parcels of land owned by the Petitioner. 3. That the best use of the public way would be to allow it to be vacated in that it is no longer needed as a public right of way and has not been used as such for many years. 4. That the vacation of the public way as described herein would not injure the public health, safety, or morals of the community. 5. That it would be in the best interests of the City of Jeffersonville to grant the petition set forth above. 6. That there are no adjoining property owners. WHEREAS, the undersigned hereby request that the Council of the City of Jeffersonville, Indiana hold a hearing on this petition within thirty days after this petition is filed and that due notice of the time and place of the hearing be given in accordance with I.C. 36-7-3-12 and specifically in the manner prescribed in I.C. 5-3-1 and that after such hearing that the Council of the City of Jeffersonville, Indiana vacate the public way described in this petition. This 3 day of tq , 2015. Respectfully Submitted, Rachele L. Cummins, I. D. #22323-49 Smith, Carpenter, Fondrisi, & Cummins, LLC 209 E. Chestnut Street P. 0. Box 98 Jeffersonville, IN 47131-0098 Telephone: 282-7736 (13315 HIE l .(783141d03) 0) W Gl 1 3N17 ) VM d0-1HOh r- 4. ILLINOIS A VE. (NO RECORDS OF VACATION FOUND FOR THIS SECTION) B 1 \\\\\\\6 k\\\\\\ \co \ \\ rn03. Sf'ACIS 1 1! • CONCRETE RAMP Proof of Publication BEFORE THE COMMON COUN- CIL OF THE CITY OF JEFF- ERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF THE BOARD OF TRUSTEES OF CLARK MEMORIAL HOSPITAL'S TO VACATE PUBLIC WAY IN JEF- FERSONVILLE, INDIANA NOTICE OF HEAR NG ON PETITION TO VACATE PUBLIC WAY IN JEFFERSONVILLE, INDIANA. Notice is hereygiven that The Board of Trustees of Clark Memorial Hospital has filed a Petition with the Jeffersonville City Council asking for the vacation of a portion of a public way located In the City of Jeffersonville, State of Indiana and doscribed as follows: Portion of Illinois Avenue running North and South in Block 132 of the City of Jeffersonville, Indiana A public hearing will be held on the 17th day of August, 2015 at 7:00 p.m. in the City Hall, 500 Quar- termaster Court, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out In said petition. Attorney for Petitioner: Rachele L. Cummins, I. D. #22323-49 Smith, Carpenter, Fondrisi, & Cummins, LLC 209 E. Chestnut Street P. O. Box 98 Jeffersonville, IN 47131-0098 Telephone: 282-7736 Vicki Conlin City Clerk hspaxlp Publication Fee $ 119.97 1086235 STATE OF INDIANA COUNTY OF CLARK -SS Theresa Wheatbrook on oath says that she is the bookkeeper of NEWS AND TRIBUNE and in the employ of the publisher of NEWS AND TRIBUNE, a daily newspaper of general circulation printed and published in the city of Jeffersonville, Clark County, State of Indiana, and further says that the annexed advertisement was published in said paper for #( 1 ) time(s) to -wit: In issue of said NEWS AND TRIBUNE Dated: 08-05 2015 STATE OF INDIANA COUNTY OF CLARK Subscribed and sworn to before me this Notary Public, Clark County, Indiana (My Commission Expires August 27, 2022